Explanation
Background:
The following legislation authorizes the City Attorney to file the necessary complaint for the appropriation of fee simple title in and to real estate necessary for both the OSIS Downtown Odor Control Facilities Project and the OSIS Augmentation and Relief Sewer Project.
Fiscal Impact:
Funding for both projects is from the Department of Public Utilities, Division of Sewerage and Drainage, Voted Sanitary Sewer Bond Fund.
Emergency Justification:
The OSIS Augmentation and Relief Sewer Project (OARS) is required to be completed in accordance with the provisions of an existing consent order between the City and the Ohio Attorney General's Office. Failure to adhere to the project schedule contained within the consent order will make the City liable for stipulated fines. Emergency action is requested as not to delay this project.
Title
To authorize the City Attorney to file the necessary complaint for the appropriation of fee simple title in and to real estate necessary for the OSIS Downtown Odor Control Facilities Project and OSIS Augmentation and Relief Sewer Project and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the OSIS Downtown Odor Control Facilities Project and the OSIS Augmentation and Relief Sewer Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0116X-2008, on the 14th day of July, 2008, and Resolution 0016X-2008, on the 4th day of February declaring the necessity and intent to appropriate the real property interests hereinafter described and the purpose of the appropriation, and notice of such adoption of said resolution has been served in accordance with Columbus City Code Sec. 909.03; and,
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Sewerage and Drainage, in that it is necessary to appropriate such real property interests so that there will be no delay in the aforementioned project, for the preservation of the public health, peace, property, safety, and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That fee simple title in and to the following described real property, be appropriated for the public purpose(s) of the OSIS-Downtown Odor Control Project, Project # 664691 and the OSIS Augmentation and Relief Sewer Project, Project # 650704, and the pursuant to the power and authority granted to a municipal corporation by the Constitution of the State of Ohio, the Ohio Revised Code, Sec. 715.01, Sec. 717.01, Sec. 719.01 through Sec. 719.02; the Charter of the City of Columbus; and the Columbus Code (1959), Chapter 909;
1WD
Situated in the State of Ohio, County of Franklin, City of Columbus, Township 5 North, Range 22 West of the Refugee Lands and being a 1.791 acre tract conveyed to New York Central Lines LLC by Quitclaim Deed of record in Instrument Number 200212180325201, Recorder's Office, Franklin County, Ohio, the said 1.791 acre tract being more particularly described as follows:
Beginning at a PK Nail set in concrete at the intersection of the westerly right of way line of Neil Avenue formerly known as Dennison Avenue and the southerly right of way line of Spruce Street as shown on the right of way plan FRA-670-1.25 of record at the office of the Ohio Department of Transportation at Delaware, Ohio, and being the True Place of Beginning of the said 1.791 acre tract; thence
South 03°39'47" West a distance of 217.53 feet along the easterly line of the said 1.791 acre tract and the westerly right of way line of Neil Avenue to a ¾ inch iron pipe set at the southeasterly corner of the said 1.791 acre tract and being in the northerly right of way line of the Goodale-Neil Connector; thence
North 74°48'00" West a distance of 479.84 feet along the southerly line of the said 1.791 acre tract and the northerly right of way line of the said Goodale-Neil Connector to a Mag Nail set in concrete; thence
North 08°07'55" East a distance of 117.10 feet along the westerly line of the said 1.791 acre tract to a 3/4 inch iron pin set in the southerly right of way line of Spruce Street; thence
South 86°56'10" East a distance of 461.05 feet along the southerly right of way line of Spruce Street and the northerly line of the said 1.791 acre tract to the True Place of Beginning of the said 1.791 acre tract.
Section 2. That the Council of the City of Columbus, Ohio, declares that the appropriation of said real property interests is necessary for the stated public purpose, and that the City of Columbus, Ohio, has been unable to agree with the owner(s) as to the just compensation to be paid by the City of Columbus, Ohio.
Section 3. That the Council of the City of Columbus, Ohio, hereby declares the value of the subject real property interests to be One Million Seven Hundred Thousand Dollars ($1,700,000.00).
Section 4. That the City Attorney be and he hereby is authorized to file a complaint for appropriation of real property, in a court of competent jurisdiction, and to have a jury impaneled to make inquiry into and assess the just compensation to be paid for the foregoing described real property interests.
Section 5. That for the reasons state in the preamble hereto, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.